Inadequate Labels and Warnings

Adequate warning labels can help avoid unnecessary accidents when using everyday consumer products. Product manufacturers are liable for injuries caused by defective products without adequate warnings. Injury victims can file a product liability lawsuit for compensation.

Product labeling requirements depend on the product type and public health risk. If a dangerous product without warning labels caused your injuries, talk to a product liability attorney for legal advice.

Importance of Product Labels and Warnings

Warning labels help keep us safe when using common consumer products, medications, and vehicles. If there are unknown risks of using a product as intended, the manufacturer must warn consumers to prevent personal injury. Dangerous products without proper warning labels are defective. Under product liability law, manufacturers are responsible for injuries caused by inadequate warnings.

Manufacturers must include warnings if the product presents known hidden dangers. Consumers should be able to use a product for its intended purpose. However, labels are not generally necessary when the danger is obvious or a foreseeable risk.

For example, it may not be necessary to label a set of steak knives with a warning that they are sharp and can be dangerous. The risk of cuts from sharp knives is obvious and well-known to steak knife users.

Legal Requirements for Product Warnings

Warning label requirements depend on the type of product, the type of customer, and potential risks. For example, many small children’s products that carry a risk of choking must have a choking hazard label. Food labels must have allergen declarations for the presence of major food allergens.

There are different federal agencies regulating product packaging requirements. The most common agencies responsible for warning label requirements include:

• U.S. Food and Drug Administration (FDA) for drug and medical device labeling
• Consumer Product Safety Commission (CPSC) for consumer products
• National Highway Traffic Safety Administration (NHTSA) for motor vehicles and vehicle parts

Medications have some of the strictest product warning requirements. Drug warning labels must include information about the safe use of the product. Required information includes side effects, adverse reactions, and drug interactions. Drug companies are liable for injuries caused by defective drugs without proper warnings.

State Law Requirements for Warning Labels

State law also regulates warning label guidelines. Some states have stricter labeling requirements. For example, California has strict requirements for any products known to cause cancer or reproductive toxicity. Manufacturers and vendors in California have to have Prop 65 warnings for products, including alcohol, some fish, and products with BPA.

For questions about your state warning label laws, talk to a local product defect lawyer.

Examples of Inadequate Warning Labels

There are many examples of products with inadequate warning labels. Anytime there is an unanticipated risk of the foreseeable use of the product, there is a potential warning defect. Examples of inadequate labeling include:

• Spray string without flammable propellant warning
• SUVs without rollover risk warnings
• Small children’s toys without a choking hazard warning
• Food products containing peanuts without allergen disclosure

Steps to Take if Harmed by Inadequate Labels

The lack of an adequate warning can make a product unreasonably dangerous. You can take legal action if you use a product that fails to come with an adequate warning and suffer injuries. You can file a product liability lawsuit against the distributor, manufacturer, or retailer.

The first step is to get medical attention. Some injuries may not seem severe, but can get worse if not treated. Back, head, and neck injuries can lead to permanent damage if you don’t get medical care. Burns and puncture wounds have a risk of infection. Medical care can also help document your injuries for your product liability claim.

Gather any evidence related to the accident. Keep the defective product and any product packaging, receipts, and instructions. Take photos of the dangerous product and any injuries. Write down what happened while it is fresh in your mind. Get contact information for any witnesses to the accident.

Legal Recourse for Inadequate Labeling

Contact a personal injury lawyer to find out about your legal options. A product defect attorney can review your case and explain the next steps. Your lawyer can file a lawsuit and negotiate a settlement to pay for your injuries.

The statute of limitations limits the time you have to file a lawsuit. Contact a products liability attorney as soon as possible after your injury to file your claim in time. For any other questions about defective label injuries, contact a local product liability lawyer.